EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
INSTRUCTIONS UNDER REGULATION 179A
RELATING TO METHODS OF NAVIGATING AN AIRCRAFT
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Regulation 179A of the Civil Aviation Regulations provides that CASA may issue instructions in relation to flights under the Instrument Flight Rules, specifying the method by which an aircraft is to be navigated.
These instructions contain general instructions relating to the navigation of an aircraft under the Instrument Flight Rules (I.F.R.).
They set out procedures to be followed when obtaining a positive position fix. They also set out procedures to be followed when navigating an aircraft using radio navigation aids referred to in the instructions. They also contain particulars of the radio navigation systems to be carried on an aircraft for specified types of operations.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act was introduced to address the need for comprehensive legislation governing the civil aviation industry, including the establishment of regulatory bodies, the licensing of aircraft and personnel, and the implementation of safety standards. The Act empowers the Governor-General to make regulations, such as those specified in the Civil Aviation Regulations, which are intended to enhance the safety and effectiveness of air navigation. Regulation 179A, which allows the Civil Aviation Safety Authority (CASA) to issue instructions regarding the methods of navigating aircraft under the Instrument Flight Rules, exemplifies the legislative intent to maintain high safety standards in air navigation. The policy objective of these regulations is to ensure that aircraft are navigated using approved and reliable methods, thereby minimising risks associated with air travel.
Scope and Application
The Civil Aviation Act 1988, as supplemented by Regulation 179A under its authority, applies to all persons and entities involved in the operation of aircraft under the Instrument Flight Rules (I.F.R.) within Australian airspace. This includes pilots, flight operators, and aviation companies, ensuring compliance with safety standards for air navigation. The Act's jurisdiction extends nationally across Australia, overseen by the Civil Aviation Safety Authority (CASA), which is empowered to issue instructions to ensure safe navigation procedures. These instructions cover the methods of obtaining a positive position fix and the use of specified radio navigation aids, as well as the requisite equipment to be carried on aircraft for particular operations. The regulations do not apply to general aviation or recreational flying not governed by the I.F.R. The Act also allows for the extension and refinement of these instructions through subordinate instruments, ensuring the regulations remain current and effective in addressing evolving aviation safety needs.
Key Provisions
The Civil Aviation Act 1988, as explained in the instructions under Regulation 179A, provides critical guidelines for the navigation of aircraft under the Instrument Flight Rules (IFR). Section 98(1) of the Act empowers the Governor-General to issue regulations, and these instructions are one such example, aimed at ensuring the safety of air navigation. Regulation 179A specifically allows the Civil Aviation Safety Authority (CASA) to issue instructions that detail the methods by which aircraft must be navigated under IFR. These instructions encompass a range of procedures, including those for obtaining a positive position fix and the use of various radio navigation aids.
The instructions impose specific obligations on pilots and aircraft operators. They require adherence to the outlined procedures for navigation, ensuring that aircraft maintain safe and accurate flight paths. Pilots must follow these procedures when navigating under IFR, which include the use of specific radio navigation aids and carrying the appropriate radio navigation systems on board, depending on the type of operation being undertaken. These obligations are designed to maintain high safety standards in the navigation of aircraft.
Failure to comply with these instructions can lead to serious consequences. Under the Civil Aviation Act 1988, breaches of these regulations can result in both civil and criminal penalties. The severity of the penalty may depend on the nature and extent of the breach, with potential outcomes including fines and, in more serious cases, imprisonment. The specific maximum penalties are not detailed in the provided excerpt, but they are set out in the broader legislative framework of the Civil Aviation Act 1988 and associated regulations. It is important for pilots and aircraft operators to be fully aware of these instructions and to comply with them to avoid any potential legal repercussions.